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Is this disability discrimination?

16 replies

NaToth · 19/11/2020 17:43

I have a medical condition that causes me to have episodes of acute chest pain, often without warning. There is a protocol for dealing with them, which I have always been able to put in place myself - I've never lost consciousness or anything.

Then I had an episode in the office and everyone panicked. Afterwards, my manager sent me to OH so they could advise her what to do if it happened again. They did not do that, as it happened and, as a result, she insisted that I print and laminate the protocol and stick it on the wall next to my desk.

This meant that anyone who came to my desk to talk to me, or even walked past my desk, could see what medical condition I have. I mentioned this in passing to my counsellor today and she was pretty sure that this was disability discrimination. What do others think?

Thanks

OP posts:
NavyBerry · 19/11/2020 17:53

Would this help you? You prefer them not reacting? Tell them you don't care and happy to deal with it yourself

Companion42 · 19/11/2020 18:01

I'm not a expert by any means OP but it certainly sounds undignified if nothing else. Having the protocol written down and accessible is one thing but not on view like that. Hopefully someone a bit wiser can give you more advice

mummytippy · 20/11/2020 11:12

It does sound undignified.
Try contacting the Equality Advisory Support Service.
Keep us posted

MedusasBadHairDay · 20/11/2020 11:14

There should be a dedicated first aider, it may be useful for them to know, but to have to display it for anyone to see isn't right.

Mrsjayy · 20/11/2020 11:16

I don't think posters declaring your medical condition is in your best interests as long as a supervisor knows and maybe a. First aider but really a laminate is ott !

canigooutyet · 20/11/2020 11:17

Could you trim the health condition part off so that all is left is the protocol?

I know what it's like when you have to let others know but somehow retain your rights to privacy.

themuttsnutts · 20/11/2020 11:18

I wouldn't like it either. You are not your medical condition

FatGirlShrinking · 20/11/2020 11:18

If it's for her benefit then I don't understand why it needs to be pinned on the wall, she just needs to know what to do. That can be achieved by a conversation between you and her, potentially also the first aid officer on-site if there is one.

PaperTowels · 20/11/2020 11:19

Surely it's time to talk to OH again? And let them follow the correct protocol for informing your boss.

vdbfamily · 20/11/2020 11:24

What does it look like to others when you have an episode? How many different people are likely to be around when an episode might occur. I agree with chatting to OH as it is difficult. If you look like to are having an MI and are unable in the moment to say to those observing that you will be fine then I can see why they might want that communicatred to those close enough to be likely to witness an event. However, it may be better just to have the conversation so they know and can carry on, or know at which point this is not a normal episode and you might need help, because any of us at any time might actually have an MI

Hakunamatata91 · 21/11/2020 03:17

Does sound like it could meet the criteria for harassment (legally a type of discrimination) - which requires behaviour that offends, humiliates or intimidates you where that behaviour relates to a disability. However going straight in at the discrimination angle is unlikely to do you any favours at work realistically. Before going down that route, make sure that you have exhausted any possibility of resolving it by having a conversation with your manager about how you're feeling. It does sound like the kind of thing some managers could do thinking they're doing the right thing (you'd be amazed the things some do..), so worth double checking that before bringing up discrimination.

dontdisturbmenow · 21/11/2020 09:29

Pit it somewhere safe but easily accessible. Pin something vague enough on your wall about where the protocol can be found that those who don't know you well won't understand but those who know about your condition and need to help you can easily retrieve.

NaToth · 21/11/2020 18:03

Thanks everyone. It's actually irrelevant now as they have just medically retired me, which is a whole other issue, but the counsellor wasn't happy with it and I was not happy with it at the time, so I'm grateful to everyone who responded.

OP posts:
MiniMum97 · 21/11/2020 18:23

Did you want to be medically retired?

NaToth · 22/11/2020 17:03

Good question. I'd been off sick for four months and then felt well enough to get back to work. I asked to start the conversation and when I finally got an OH appointment five months later, I was told that medical retirement was the only option.

Did I want to be medically retired? Probably, no in principle. Did I need to be medically retired at this stage, where the whole unit is working from home? No, I could have worked from home quite easily. On the other hand, the whole atmosphere was toxic, I couldn't get the reasonable adjustments I needed for the condition I described in my OP and my health has improved beyond measure since they made their decision.

OP posts:
MiniMum97 · 22/11/2020 17:14

That's really terrible abs sounds like you've been discriminated against and that they've not followed proper abs appropriate procedure but actually that this may be the best outcome for you. Having a chronic health condition myself there is nothing worse than a stressful workplace for triggering my health condition.

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